Andrews v. Murray
New York Supreme Court
THE plaintiff and the defendants were trustees of a manufacturing company incorporated pursuant to the laws of this state, and, as such trustees, neglected to make the report of capital, &c. as required hy the 12th section of the statute under which they were incorporated.
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THE plaintiff and the defendants were trustees of a manufacturing company incorporated pursuant to the laws of this state, and, as such trustees, neglected to make the report of capital, &c. as required hy the 12th section of the statute under which they were incorporated. The plaintiff alleged in his complaint that he had paid, for the company, a large sum of money, at their request, and claimed to recover from the defendants a proportionate amount of the indebtedness, on the ground that the statute had made the trustees personally liable for the debts of the company, by reason of their…
1Opinion of the Court
By the Court,
Ingraham, J.
The 12th section of the act of 1848, (Laws of 1848, p. 57,) makes all of the trustees of a company jointly and severally liable for the debts of the company, in case of neglect to make and file the report mentioned in the act. If the plaintiff had sued one of these defendants alone, without admitting that he was a trustee himself, no question as to the defendant’s liability would have arisen on the pleadings. The only question therefore in the case is, whether a person who is a creditor of such a company ■and at the same time a trustee, may sue a co-trustee to recover…
2Cases cited1 opinion
- Miller v. FentonNew York Court of Chancery · 1844
3Cited by17 opinions
- The HudsonDistrict Court, S.D. New York · 1883
- Gregory v. German BankSupreme Court of Colorado · 1877
- Weidman v. SibleyAppellate Division of the Supreme Court of the State of New York · 1897
- Wehle v. HavilandNew York Court of Common Pleas · 1872
- Richardson v. AbendrothNew York Supreme Court · 1864
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